Tex. Codes » Penal Code · TITLE 11. ORGANIZED CRIME · CHAPTER 71. ORGANIZED CRIME
Texas Codes

Tex. Penal Code § 71.028 (2026)

Gang-free Zones

✓ current as of May 2026
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Sec. 71.028. GANG-FREE ZONES. (a) In this section:

(1) "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.

(2) "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.

(3) "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.

(b) This section applies to an offense listed in Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.

(c) Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:

(1) in, on, or within 1,000 feet of any:

(A) real property that is owned, rented, or leased by a school or school board;

(B) premises owned, rented, or leased by an institution of higher education;

(C) premises of a public or private youth center;

(D) playground; or

(E) general residential operation operating as a residential treatment center;

(2) in, on, or within 300 feet of any:

(A) shopping mall;

(B) movie theater;

(C) premises of a public swimming pool; or

(D) premises of a video arcade facility; or

(3) on a school bus.

(d) The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.

Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 26, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 27, eff. September 1, 2021.

Notes of Decisions
Cited in 2 cases, 2015–2020 · leading case: Ex Parte Marcos M. Flores (Tex. App. 2015).
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Ex Parte Marcos M. Flores (Tex. App. 2015). · cites it 2× “37 TEX. PENAL CODE ANN. § 71.022 (West 2014).”
State v. Trenton Kyle Green (Tex. App. 2020). “09(b-2) (increases from second-degree felony to first-degree felony); TEX. PENAL CODE ANN. § 71.028(c) (increases to the punishment prescribed for next highest category of offense).”
— Tex. Penal Code § 71.028(c) — 1 case
State v. Trenton Kyle Green (Tex. App. 2020). “09(b-2) (increases from second-degree felony to first-degree felony); TEX. PENAL CODE ANN. § 71.028(c) (increases to the punishment prescribed for next highest category of offense).”
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